Космет – Гордијев чвор
Kosmet - Gordian knot
Contributor(s): Jovan Ćirić (Editor)
Subject(s): Politics / Political Sciences, Politics, History, Law, Constitution, Jurisprudence, Civil Law, International Law, Political Sciences, Civil Society, Recent History (1900 till today), Security and defense, Transformation Period (1990 - 2010), Inter-Ethnic Relations, Corruption - Transparency - Anti-Corruption
Published by: Institut za uporedno pravo
- Print-ISBN-13: 978-86-80059-55-6
- Page Count: 215
- Publication Year: 2008
- Language: English, Serbian
Правда и личност поводом догађаја на Косову
Правда и личност поводом догађаја на Косову
(Justice and Personality -on the Ocasion of Happenings on Kosovo)
- Author(s):Boško V. Popović
- Language:Serbian
- Subject(s):Ethics / Practical Philosophy, Inter-Ethnic Relations, Philosophy of Law
- Page Range:13-19
- No. of Pages:7
- Keywords:justice; moral education; social relations; victims of unjust behaviour; Kosovo
- Summary/Abstract:In this text the author is speaking about psychological consequences of disrespect of justice. All that is continuisly happening in last decades on Kosovo and Metohia is not only the matter of politics, or economy, thinks the author, but also has an important influence on individual person, especially moral education of young people and also on the building social relations generally speaking. The author speaks also about dangerouses of neglecting psychological knowledge. There could be two problems – the consequences could target the person who is the victim of someone’s forbidden behaviour, but also could target the person who is doing such things, who don’t respect justice in social relations.
Косово и Метохија – изазови и одговори
Косово и Метохија – изазови и одговори
(Kosovo and Metohia – Challenges and Answers)
- Author(s):Radoslav Gaćinović
- Language:Serbian
- Subject(s):Civil Society, Public Administration, Inter-Ethnic Relations, Politics of History/Memory, Politics and Identity
- Page Range:21-51
- No. of Pages:31
- Keywords:defter; account book; register; tax roll
- Summary/Abstract:The region of Kosovo and Metohia is a center of Serbian history and the state formation, as well as a central territory of medieval Serbian state. This region covers 10887 square kilometers, or 12, 3 % of the whole state territory of Serbia. Looking from the geopolitical and geo-strategic aspect, so far the region of Kosovo and Metohia has been a security macro-rampart of Serbia. Even though the United States of America together with her allies has used all means prohibited by international law to seize Kosovo and Metohia, looking from political and legal aspect, Kosovo and Metohia can never exist as an independent state, due to the fact that there have never been elements present for formation of Albanian statehood on this part of Serbian territory. It was not Serbia who had defined the state borders with her neighboring states, but the international community, who did it on the basis of ethnic structure of the population and Turkish (“defter”)* books. These borders were determined on the London Conference in 1913, and after the revision they were finally confirmed on the Florence Conference in 26 July, 1926. Serbia holds legal and historical right to Kosovo and Metohia, which has been older than ethnic right. It is also supported by international law, because of the United Nations Charter’s ban on forceful seizure of territorial parts of sovereign states.
O демографском аспекту косовске кризе
O демографском аспекту косовске кризе
(On a Demographic Aspect of the Kosovo Crisis)
- Author(s):Mirjana M. Rašević
- Language:Serbian
- Subject(s):Demography and human biology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:53-73
- No. of Pages:21
- Keywords:low birth rate in Serbia; high birth rate on Kosovo; Kosovo and Metohia
- Summary/Abstract:This article examines different aspects of the crisis in Kosovo. The demographists often stress that a demographic factor of the crisis in Kosovo is underestimated or even neglected. Namely, most of the geographical areas of Serbia are characterized by the twofold tendencies with regards the reproduction of the population whereas because of the dominant influence of natality on the size and structure of the inhabitants joined with the low mortality, one can identify extreme differences in demographic development between the different regions. Low birth rate, considerably high number of intentional abortions, open depopulation and an intensive aging of the population are the most typical demographical features of the Central Serbia and Vojvodina. On the contrary to this, delayed and slow transition of the fertility and its consequences are the main characteristic of the demographic development of Kosovo and Metohija. At the same time, one can identify clearly different reproductive patterns of the members of a different ethnic group in Kosovo and Metohia.
The Legality of Uti Possidetis in the Definition of Kovoso’s Legal Status
The Legality of Uti Possidetis in the Definition of Kovoso’s Legal Status
(The Legality of Uti Possidetis in the Definition of Kovoso’s Legal Status)
- Author(s):Fernanda Florentino Fernandez Jankov, Vesna Ćorić
- Language:English
- Subject(s):History of Law, International Law, Politics and law, Inter-Ethnic Relations
- Page Range:75-109
- No. of Pages:35
- Keywords:uti possidetis; international law; resolution 1244; Kosovo status
- Summary/Abstract:In this work the authors give us the analyze of the old principle of Roman law Uti Possidetis, that has served as as the base for the work Badeunter’s commission, and later also for the Resolution 1244 of the Security Council of UN.
Историјски узроци настанка и уставно правни развој Аутономне покрајине Косово и Метохија
Историјски узроци настанка и уставно правни развој Аутономне покрајине Косово и Метохија
(Historical Causes of Establishing the Autonomous Region of Kosovo and Metohia and its Constitutional and Legal Development)
- Author(s):Miodrag Savović, Dragan Prlja
- Language:Serbian
- Subject(s):History of Law, Civil Society, Political history, Post-War period (1950 - 1989), Post-Communist Transformation, Inter-Ethnic Relations
- Page Range:111-142
- No. of Pages:32
- Keywords:autonomy of Kosovo and Metohia; historical characteristics; constitutional and legal state
- Summary/Abstract:The autonomy of Kosovo and Metohia has been existing within the Republic of Serbia for six decades. The roots of establishing this Region can be found in historical, economical, rational, generally traditional and other characteristics of this region as well as in different political and ideological combinations of political movements but in the first place in the communist party. So ones having been established, this autonomy has had its developing path that has influenced its constitutional and legal transformation.The constitutional and legal state of the Autonomous Region of Kosovo and Metohia has on the other hand shared the destiny of constitutional and legal development of the former Yugoslav Federation and The Republic of Serbia, being a member of this Federation within which was also this autonomy.In particular periods of time when the central power has grown, the role of the Federation units and so also of the Autonomy has weakened.. In ther periods of time being characterized by its decentralization process, the constitutional and legal position of the Autonomous Region of Kosovo and Metohia has strengthened. According to the Constitution of 1974 the autonomy was not only equalized with the federal unit in the frame of which it has existed , but has had a superior position in many authorities. This has caused different tensions which has lead in some periods of time to suspension of these competences up to proclaiming the state of emergency and even the military regime. There have been also armed conflicts and the international community has intervened drastically punishing The Republic of Serbia in the frame of which this Region exists, by military intervention, i.e. bombardment. After that, in 1999 this Region has been put under the jurisdiction of the international forces till the final solution to its status is found. As, due to unwillingness to negotiate of the representatives of the Albanians from Kosovo and Metohia, the attempts to come to a compromising solution have failed. The Albanian party has proclaimed the onesided independence of this Region. Though some countries have recognized Kosovo and Metohia as independent state, its status is still uncertain, as it has not been recognized by the United nations and cannot become a member of other international organizations. On the other hand this onesided secession has not been recognized by The Republic of Serbia which does not agree with the separation of its own territory.
Остваривање имовинских права физичких лица на непокретностима на Косову и Метохији (право на повраћај имовине)
Остваривање имовинских права физичких лица на непокретностима на Косову и Метохији (право на повраћај имовине)
(Individual Property Rights on Real Estate in Kosovo and Metohia (Right to Property Restitution))
- Author(s):Katarina Jovičić
- Language:Serbian
- Subject(s):Civil Law, Politics and law, Inter-Ethnic Relations
- Page Range:143-165
- No. of Pages:23
- Keywords:right on real estate; restitution; International mission; Kosovo and Metohja
- Summary/Abstract:In the paper the author deals with the issue of realisation of natural persons' property rights on immovables in Kosovo and Metohia, a topical issue that is not only insufficiently researched, but also very specific in terms of how it is regulated. Land and property rights on immovables have often been a cause of serious conflict in the area, which were not resolved regularly, due to a high level of citizens' distrust in local courts. When the international mission established civil administration in Kosovo following the NATO intervention, it has also taken up the competence to resolve a part of these issues. However, this did not significantly improve the credibility of institutions dealing with this issue. The reasons for this lie in the manner of their resolution, to which the predominant part of this paper is dedicated. Regulations governing citizens' property rights on immovables in Kosovo passed by the international mission, in accordance with its mandate, should contribute to providing conditions for safe and undisrupted return of refugees and displaced persons to their homes. A vital factor in the return of these persons is the payment of damages for their damaged or destroyed immovable property, one which is not regulated by the said norms. Resolution of these requests by the local courts, under present conditions, cannot yield results, and hence the performance of the international mission in this field cannot be assessed as successful. On the other hand, the Republic of Serbia, despite the fact that its regulations are not fully applied in Kosovo and Metohia, must make additional efforts to create better conditions for resolving the problems of its citizens who have claims against immovable property on Kosovo territory, to the extent possible.
Симбиоза организованог криминала, тероризма и политике на Косову и Метохији као изазов и претња националној и регионалној безбедности
Симбиоза организованог криминала, тероризма и политике на Косову и Метохији као изазов и претња националној и регионалној безбедности
(Symbiosis of Organized Crime, Terrorism and Politics in Kosovo and Metohia as a Challenge and Threat to National and Regional Security)
- Author(s):Saša V. Mijalković, Radoslav Đinović
- Language:Serbian
- Subject(s):International relations/trade, Security and defense, Criminology, Inter-Ethnic Relations
- Page Range:167-192
- No. of Pages:26
- Keywords:organized crime; terrorism; politics; corruption; Kosovo and Metohia; national security; regional security
- Summary/Abstract:Organized crime and terrorism represent, undoubtedly, the two most serious contemporary non-military threats to national and international, as well as regional security. Although they are two substantially different forms of crime – the first has mainly property and the second has ideological-political character, their symbiosis is happening more and more frequently in the modern world. Politics and corruption are the most frequent and the strongest cohesive factors – connective tissue. “School example” that entirely confirms this hypothesis sure is “criminal reality” that has existed for years in Kosovo and Metohia and has escalated in the last ten years. While outlining the problem and subject of our research we won’t go into details concerning normative determination of organized crime and terrorism, considering them as already well known categories. We will deal more with the politics in Kosovo and Metohia. We would attempt to cast light on the part of mechanism the international organized crime and international terrorism used to create the “false state” and named it (“independent and democratic”) “Republic of Kosovo”.
Косово и Метохија – идеално место за организовани криминал
Косово и Метохија – идеално место за организовани криминал
(Kosovo and Metohia – an Ideal Place for Organized Crime)
- Author(s):Jovan Ćirić
- Language:Serbian
- Subject(s):Security and defense, Criminology, Corruption - Transparency - Anti-Corruption
- Page Range:193-215
- No. of Pages:23
- Keywords:KLA and drug-traders; western publicity about Albanian mafia; connection of the western states, politicians with the mafia; characteristics of the Albanians and organized crime
- Summary/Abstract:In this work the author talks about the fact that the activity of Albanian groups of organized crime from Kosovo and Metohia attracts already for many years the attention of many domestic and foreign experts. It is talked in expert, but also laymen circles in Western Europe and the U.S.A. about the fact that a very strong and intensive activity concerning above all the drug-trade, but also other activities of organized crime, has been developed in several previous decades. The author lists in that sense numerous reports and documents from which it can be deducted that the activities of Albanian mafia groups from Kosovo were not at all unknown to the western publicity. On the other side, however, as the author cites in the second part of this work, just the legal state political structures and structures of organized crime are very often in a certain cooperation concerning the realization of some goals and interests that are covered, and the author there cites numerous examples from the history about how the state and the mafia have collaborated successfully: from the medieval age and the period of colonization of South and North America and the time of the Opium wars in China, up to the time of the war in Vietnam. At the end, Жiriж talks also about some other social, economic, historical, psychological and other characteristics of the Albanians from Kosovo that have enabled them in the last years to build a very powerful, respectable system of organized crime. That was neglected from the part of the world publicity for many years.